Suspect In Pedestrian Death Has Five DWI Convictions

A Fort Smith woman arrested for driving while intoxicated after a man was struck and killed early Sunday has five prior DWI convictions.

A Fort Smith woman arrested for driving while intoxicated after a man was struck and killed early Sunday has five prior DWI convictions.

Nathanael DeJarnett, 20, of Wellington, Kan., was "walking, or crossing the roadway" when he was hit by a 1992 Chevy pickup driven by Vicki Lee Fielding, 51, of Fort Smith, Sgt. Waymon Parker of the Fort Smith Police Department said.

An Arkansas State Police report says the driver was turning left shortly before 1 a.m. when the vehicle struck DeJarnett in the center left-turn lane of the roadway at North Greenwood Avenue and North J Street.

Witnesses reported Fielding swerved and hit DeJarnett, "causing him to be flipped on the hood and impact the windshield, eventually landing on the toolbox in the bed of the pickup truck," according to a Fort Smith Police Department collision report.

Fielding was arrested on suspicion of DWI, refusing to submit to a chemical test and reckless driving, according to court records.

Fielding was scheduled to appear in Fort Smith District Court at 9 a.m. Tuesday, but the appearance was continued while an investigation into the fatal collision continues.

Sebastian County Prosecuting Attorney Dan Shue said he notified the city prosecutor’s office Monday that Shue’s office would take jurisdiction of the case and he will review the progress of the Fort Smith police investigation later this week.

Shue said he is hopeful that enough of the investigation will be completed by Friday so he can make a decision regarding charges. He expects to receive results of a preliminary autopsy on DeJarnett by the end of the week; however, testing on additional evidence sent to the Arkansas State Crime Laboratory won’t be completed as quickly.

When asked if police obtained a blood sample from Fielding despite her refusal to submit to breathalyzer after failing a field sobriety test, Shue said he couldn’t comment on specific evidence sent to the crime lab.

Shue explained that under Arkansas law, a person can be charged with DWI based on a blood alcohol content of at least .08 or other evidence of intoxication.

"If you don’t have evidence of one, you can have evidence of the other or evidence of both," Shue said.

Parker said there were witnesses to the accident.

Sgt. Daniel Grubbs, Fort Smith police, confirmed a blood sample was taken from Fielding after she refused a breath test.

Arkansas law requires a "chemical test of the driver’s blood, breath or urine" when a motor vehicle is involved in an accident resulting in death or "there is reason to believe death may result" and the sample be sent to the state crime lab.

District Court records show Fielding was convicted of DWI five times between February 1985 and October 1998. She was also convicted of public intoxication eight times between September 1989 and April 2009, according to the same records.

Fielding also has several other misdemeanor convictions in District Court. She is free on a $1,500 bond.